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ahmed_KSA

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Nov 27, 2019
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I want to renounce my PR since I didn't meet the RO . currently I am outside Canada .

my questions are :
1-can I enter Canada thru border by car and tell the officer that I want to renounce my PR? will they allow me enter?

2- are they going to process it as renouncing or provoking ? is there any different between renouncing or provoking? because I might apply again the future for PR.

3- is it better to renounce it without entering Canada?

the reason why I want to go is to finish some stuff and say goodbye within 2-3 months from now which is faster than waiting for new visa since they will not issue it unless I got the renounce approval first.
 
I want to renounce my PR since I didn't meet the RO . currently I am outside Canada .

my questions are :
1-can I enter Canada thru border by car and tell the officer that I want to renounce my PR? will they allow me enter?

2- are they going to process it as renouncing or provoking ? is there any different between renouncing or provoking? because I might apply again the future for PR.

3- is it better to renounce it without entering Canada?

the reason why I want to go is to finish some stuff and say goodbye within 2-3 months from now which is faster than waiting for new visa since they will not issue it unless I got the renounce approval first.

Yes, a PR who has not complied with the Residency Obligation can renounce status at the border, and request admission to Canada as a visitor. However, admission as a visitor is discretionary and this could depend on whether you have a visa-exempt passport.

In contrast, you could also NOT renounce at the border, accept being Reported and Issued a Departure Order, and then enter Canada. If you do not appeal the 44(1) Report, it will automatically become enforceable in 30 days and your PR status will be terminated as of that day. So that would give you 30 days to settle your affairs in Canada and say your good-byes et al. Alternatively, you could do the simple paperwork to make an appeal and stay longer, and then when you are ready to leave do the paperwork to withdraw the appeal, which will result in the 44(1) Report and Departure Order taking effect, terminating your PR status, and then allowing you to make an application for whatever status you would then qualify for. This approach will NOT have a negative effect on a future application.

I do not know what you mean in regards to "are they going to process it as renouncing or provoking ? is there any different between renouncing or provoking?"

BUT, in any event, losing PR status by renouncing it or by formal adjudication like being issued a 44(1) Report for a breach of the RO, should make little or no difference if and when you "apply again the future for PR."

Main thing is to not stay in Canada once a Departure Order becomes enforceable. So, it is OK if you come, get reported, as long as you leave in 30 days if issued a Departure Order at the PoE, or appeal and only stay until the appeal is terminated.
 
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Yes, a PR who has not complied with the Residency Obligation can renounce status at the border, and request admission to Canada as a visitor. However, admission as a visitor is discretionary and this could depend on whether you have a visa-exempt passport.

In contrast, you could also NOT renounce at the border, accept being Reported and Issued a Departure Order, and then enter Canada. If you do not appeal the 44(1) Report, it will automatically become enforceable in 30 days and your PR status will be terminated as of that day. So that would give you 30 days to settle your affairs in Canada and say your good-byes et al. Alternatively, you could do the simple paperwork to make an appeal and stay longer, and then when you are ready to leave do the paperwork to withdraw the appeal, which will result in the 44(1) Report and Departure Order taking effect, terminating your PR status, and then allowing you to make an application for whatever status you would then qualify for. This approach will NOT have a negative effect on a future application.

I do not know what you mean in regards to "are they going to process it as renouncing or provoking ? is there any different between renouncing or provoking?"

BUT, in any event, losing PR status by renouncing it or by formal adjudication like being issued a 44(1) Report for a breach of the RO, should make little or no difference if and when you "apply again the future for PR."

Main thing is to not stay in Canada once a Departure Order becomes enforceable. So, it is OK if you come, get reported, as long as you leave in 30 days if issued a Departure Order at the PoE, or appeal and only stay until the appeal is terminated.


1-I don't have visa -exempt passport so will they allow me to enter at least for 2 weeks ?
2- I am not planning to stay so I don't need to appeal.
3-I meant that by renouncing it will be voluntary while by provoking its sound like they caught me hiding something and report me . so I thought in their system writing provoke might affect my application in the future if I will apply for new PR.
 
1-I don't have visa -exempt passport so will they allow me to enter at least for 2 weeks ?
2- I am not planning to stay so I don't need to appeal.
3-I meant that by renouncing it will be voluntary while by provoking its sound like they caught me hiding something and report me . so I thought in their system writing provoke might affect my application in the future if I will apply for new PR.

"1-I don't have visa -exempt passport so will they allow me to enter at least for 2 weeks ?"​

I am not much acquainted with actual practices at the border for PRs who renounce PR status in person at a PoE. For sure, the PoE officials have discretion to deny entry if you renounce your PR status. Once you renounce your PR status you become a Foreign National. FNs with visa-exempt passports can be allowed entry into Canada without being issued a visa. So the question for you is whether a FN who does not have visa-exempt passport will, in effect, be issued a visitor's visa at a PoE. I do not know what the rules are for this let alone policies, let alone actual practice.


"3-I meant that by renouncing it will be voluntary while by provoking its sound like they caught me hiding something and report me . so I thought in their system writing provoke might affect my application in the future if I will apply for new PR."​

If you are planning to stay in Canada less than thirty days, as I previously noted you can be sure of entry into Canada by NOT renouncing your status. Then, do NOT appeal.

There are NO reports that losing PR status due to not complying with the PR Residency Obligation has any negative impact other than the fact that you no longer have PR status, and thus become a Foreign National, just like you would if you renounce.

As long as you truthfully respond to questions asked by Canadian officials, including border officers, you are not hiding anything.

If you are Reported and Issued a Departure Order upon your arrival, and you do not appeal, it might be important to document your actual exit from Canada. I am not sure about this. But the safe thing would be to document the exit. To show you complied with the Departure Order. You could discuss your plans with the PoE officials at the time you are examined upon arrival and they should explain your options well enough to figure out what to do when you leave.